The European Commission has designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, placing OpenAI’s search service in the same regulatory category as Google Search and Bing.
The decision follows an OpenAI disclosure showing that ChatGPT search reached approximately 159.1 million average monthly active recipients in the European Union during the six months ending March 31, 2026.
That is well above the 45 million threshold used by the EU to identify its largest online platforms and search engines. OpenAI now has four months, until January 2027, to comply with the additional rules that apply to services in this category.
Why ChatGPT qualifies as a search engine
The Commission describes ChatGPT as a hybrid service. It can generate responses using OpenAI’s models, but it can also search the web when answering a user’s prompt.
That search functionality is why ChatGPT qualifies as an online search engine under the DSA.
The classification is based on what the service does, rather than what its interface looks like. ChatGPT does not need to display a conventional page of ranked links to perform a search function.
It is worth noting that this is a classification under the Digital Services Act. It does not necessarily define how ChatGPT will be treated under every other area of EU law.
What the 159.1 million figure means
OpenAI reported approximately 159.1 million average monthly active recipients for ChatGPT search in the EU.
This should not be read as a conventional monthly active user figure. It does not tell us how many searches were performed, how frequently people used the feature or what percentage of the European search market ChatGPT controls.
It also applies specifically to ChatGPT’s online search features, rather than every use of ChatGPT.
OpenAI says the number was calculated solely for DSA compliance and should not be used for other purposes.
The figure therefore confirms that ChatGPT search has substantial reach in Europe, but it cannot be used to conclude that ChatGPT is larger than Bing or has captured a particular share of Google’s market.
What OpenAI must do next
The additional requirements are mainly concerned with risk management, transparency and regulatory oversight.
According to the European Commission, OpenAI will be required to:
- Assess systemic risks connected to ChatGPT and its algorithmic systems.
- Introduce measures intended to reduce those risks.
- Establish an internal compliance function.
- Undergo an independent audit at least once a year.
- Share relevant data with the Commission and national regulators.
- Provide qualifying researchers with access to certain data.
- Publish additional transparency, risk assessment and audit reports.
- Meet requirements concerning advertising and recommender systems where those features apply.
The risks covered by the DSA include the distribution of illegal content, harm to minors, threats to fundamental rights, effects on physical and mental wellbeing, election interference and public security.
The Commission will supervise ChatGPT in cooperation with Coimisiún na Meán, Ireland’s Digital Services Coordinator.
Failure to comply can eventually result in fines of up to 6% of a company’s global annual turnover.
What this means for publishers and SEOs
The decision formally recognizes that an AI assistant can also operate as a search engine.
That is relevant to publishers because ChatGPT increasingly retrieves information from the web, summarizes it and presents a direct answer rather than sending the user to a traditional search results page.
However, the designation does not give publishers a new right to receive citations, traffic or payment from OpenAI. It does not require OpenAI to reveal its source-selection process or publish the equivalent of search ranking factors.
Photo: Jernej Furman / CC BY 2.0.
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